Field Memo ELL Identification
English Language Learner Identification Process
The New York State Department of ºÚÁϹÙÍø Office of Bilingual ºÚÁϹÙÍø and World Languages (OBEWL) has developed a new field memo to remind school districts and charter schools of their obligations under Commissioner’s Regulations Part 154 (CR 154) regarding ELL identification including required staff participation, parent [1] notifications, ELL status review procedures, and record retention. The office has noted recurring compliance issues related to the identification process and is providing this memo to ensure that district and school leaders are aware of their responsibility to ensure that ELLS receive equitable access to instruction, student support services, and all other aspects of a free public education.
Topics addressed in the memo include the steps of the ELL identification and placement process, which must be completed within ten (10) days of enrollment except for students with a disability who are provided an additional ten (10) days as needed; the option for a parental review on identification; records retention requirements; and resources available to support districts and schools.
CR 154 establishes uniform statewide procedures for all school districts and charter schools making ELL identification determinations, including ensuring there is a parent review process. Charter school flexibility does not apply to this aspect of CR 154, and they must follow the administrative processes outlined for the identification of ELL students.
[1] For purposes of this memorandum, references to "parent" include a parent, person in parental relation, or student aged 18 years old or older, as applicable.